| 1 | A bill to be entitled |
| 2 | An act relating to reproductive health services; creating |
| 3 | the Prevention First Act; requiring the Secretary of |
| 4 | Health to develop and maintain on the department's |
| 5 | Internet website information on family planning and |
| 6 | referrals to local community resources to assist women and |
| 7 | families in preventing unintended pregnancies; requiring |
| 8 | school districts to develop a comprehensive family life |
| 9 | and human sexuality education curriculum; providing |
| 10 | requirements for the curriculum; providing conditions |
| 11 | under which the curriculum may be audited; providing |
| 12 | definitions relating to the treatment of rape survivors; |
| 13 | providing duties of licensed health care facilities and |
| 14 | practitioners relating to the treatment of rape survivors; |
| 15 | providing an effective date. |
| 16 |
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| 17 | WHEREAS, the Legislature finds that many women and teens in |
| 18 | the state do not have access to birth control and information |
| 19 | about family planning, and |
| 20 | WHEREAS, the Legislature finds that the victimization of |
| 21 | women through rape is compounded by the possibility that the |
| 22 | rape survivor may suffer an unwanted pregnancy by the rapist, |
| 23 | half of which end in abortion, and |
| 24 | WHEREAS, the Legislature further finds that providing |
| 25 | access to family planning information, contraception, and |
| 26 | pregnancy prevention prophylaxis will prevent abortions and |
| 27 | unintended pregnancies, thereby significantly reducing the |
| 28 | number of women and teens who need medical assistance, Medicaid, |
| 29 | KidCare, and other social services, and |
| 30 | WHEREAS, the Legislature recognizes that the most recent |
| 31 | study of women in need of family planning services by the |
| 32 | Florida State University Center for Prevention and Early |
| 33 | Intervention Policy found that only 26 percent of women in |
| 34 | Florida in need of family planning services are currently |
| 35 | receiving the services, and |
| 36 | WHEREAS, the Legislature further recognizes that in the |
| 37 | most recent peer-reviewed study of family planning cost- |
| 38 | effectiveness, an analysis of California's family planning |
| 39 | program showed that for every $1 million spent on family |
| 40 | planning, more than 900 unintended pregnancies were prevented |
| 41 | and more than 350 abortions were avoided, and the unintended |
| 42 | pregnancies prevented by the California family planning efforts |
| 43 | saved an estimated $4.48 in public expenditures for every $1 |
| 44 | spent, NOW, THEREFORE, |
| 45 |
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| 46 | Be It Enacted by the Legislature of the State of Florida: |
| 47 |
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| 48 | Section 1. This act may be cited as the "Prevention First |
| 49 | Act." |
| 50 | Section 2. Family planning.--The Secretary of Health shall |
| 51 | develop and maintain, on the Department of Health's Internet |
| 52 | website, information on family planning and referrals to local |
| 53 | community resources to assist women and families in preventing |
| 54 | unintended pregnancies. The website must provide information on: |
| 55 | (1) Family planning methods, including all methods of |
| 56 | contraception and natural family planning approved by the |
| 57 | Federal Drug Administration. |
| 58 | (2) Basic preventive reproductive health services, |
| 59 | including breast and gynecological examinations, cervical cancer |
| 60 | screenings, screenings for sexually transmitted diseases, |
| 61 | including human immunodeficiency virus (HIV), and pregnancy |
| 62 | diagnosis and counseling. |
| 63 | (3) Referrals to local community providers and resources, |
| 64 | including subsidized family planning services, that provide |
| 65 | family planning services and counseling and basic preventive |
| 66 | reproductive health services. |
| 67 | Section 3. Comprehensive family life and human sexuality |
| 68 | education.-- |
| 69 | (1) All school districts shall develop a comprehensive |
| 70 | family life and human sexuality education curriculum no later |
| 71 | than the 2008-2009 school year. |
| 72 | (2) For the purposes of this section, the term |
| 73 | "comprehensive family life and human sexuality education" means |
| 74 | education in kindergarten through grade 12 that: |
| 75 | (a) Respects community values and encourages family |
| 76 | communication. |
| 77 | (b) Develops skills in communication, decisionmaking, and |
| 78 | conflict resolution. |
| 79 | (c) Contributes to healthy relationships. |
| 80 | (d) Provides human development and sexuality education |
| 81 | that is medically accurate and age appropriate. |
| 82 | (e) Promotes responsible behavior, including, but not |
| 83 | limited to, the promotion of abstinence. |
| 84 | (f) Addresses the medically accurate use of contraception. |
| 85 | (g) Promotes individual responsibility. |
| 86 | (3) If any individual believes that the local school |
| 87 | district is not complying with this section, the individual may |
| 88 | request in writing to the Auditor General that the local school |
| 89 | district's family life and human sexuality curriculum be |
| 90 | audited. If the Auditor General finds that the local school |
| 91 | district has violated this section, the audit finding shall be |
| 92 | forwarded to the Attorney General. If the Attorney General |
| 93 | agrees with the Auditor General's findings, the Attorney General |
| 94 | shall advise the school district that both the Auditor General |
| 95 | and the Attorney General have determined that the school |
| 96 | district is not in compliance with the requirements of this |
| 97 | section. Any school district that does not correct the |
| 98 | deficiencies in its family life and human sexuality curriculum |
| 99 | to the satisfaction of both the Auditor General and the Attorney |
| 100 | General in a timely manner shall be considered to have not met |
| 101 | the objectives of any school improvement plan of the district. |
| 102 | Section 4. Treatment for survivors of rape.-- |
| 103 | (1) As used in this section, the term: |
| 104 | (a) "Care to a rape survivor" means medical examinations, |
| 105 | procedures, and services provided to a rape survivor. |
| 106 | (b) "Incest" means a sexual offense described in s. |
| 107 | 826.04, Florida Statutes. |
| 108 | (c) "Pregnancy prevention prophylaxis" means any drug or |
| 109 | device approved by the federal Food and Drug Administration that |
| 110 | prevents pregnancy after sexual intercourse. |
| 111 | (d) "Rape" means sexual battery as described in ss. |
| 112 | 794.011 and 827.071, Florida Statutes. |
| 113 | (e) "Rape survivor" means a person who alleges or is |
| 114 | alleged to have been raped or is the victim of alleged incest |
| 115 | and, because of the alleged offense, seeks treatment as a |
| 116 | patient. |
| 117 | (2) A health care practitioner licensed under chapter 458, |
| 118 | chapter 459, or chapter 464, Florida Statutes, or a health care |
| 119 | facility licensed under chapter 395, Florida Statutes, that |
| 120 | provides care to a rape survivor shall: |
| 121 | (a) Provide each rape survivor with medically and |
| 122 | factually accurate, clear, and concise information about |
| 123 | pregnancy prevention prophylaxis, including its indications and |
| 124 | contraindications and risks associated with its use. |
| 125 | (b) Inform each rape survivor of the survivor's medical |
| 126 | option to receive pregnancy prevention prophylaxis. |
| 127 | (c) If pregnancy prevention prophylaxis is requested, |
| 128 | immediately prescribe or provide the rape survivor with |
| 129 | pregnancy prevention prophylaxis if it is determined by the |
| 130 | practitioner to be medically appropriate. |
| 131 | Section 5. This act shall take effect upon becoming a law. |